Sec. 26-194. Leasing of shellfish grounds. Fee. Utility lines and public use structures. Shellfish removal or relocation costs. Annual host payments for Long Island Sound crossings. Deposits into expa - Connecticut Statutes

      Sec. 26-194. Leasing of shellfish grounds. Fee. Utility lines and public use structures. Shellfish removal or relocation costs. Annual host payments for Long Island Sound crossings. Deposits into expand and grow Connecticut agriculture account and Environmental Quality Fund. (a) The Commissioner of Agriculture may lease in the name of the state, under such regulations as he may prescribe and for a period not longer than ten years, all shellfish areas that have been conveyed to the state or placed under state jurisdiction by the town of West Haven and any undesignated grounds, within the exclusive jurisdiction of the state, for the purpose of planting and cultivating shellfish. The authority herein conferred shall include the Cormell Reef, Portchester, Great Captain's Island, Field Point and Greenwich Point natural beds as located and described in section 3295 of the general statutes, revision of 1918. Any person desiring to lease grounds for such purpose shall make application in writing to the commissioner and all grounds leased by authority of the provisions of this section shall be leased to the highest responsible bidder, for a minimum fee of four dollars per acre. Such lease or lease renewal shall require the lessee to make a good faith effort to cultivate and harvest shellfish from the leased area. Such lease or lease renewal shall prohibit the lessee from entering a contract whereby the lessee agrees not to cultivate and harvest shellfish for any period of time. No lessee may enter an agreement with a third party that will prevent the lessee from carrying out the lessee's obligations under the lease unless the Department of Agriculture and the Attorney General have approved such agreement. The form of such application and lease shall be approved by the Attorney General, and all such leases shall be recorded in the records of the commissioner. No lease shall be granted to a resident of a state which does not lease shellfish grounds to residents of this state, except that any nonresident who was granted a lease on or before October 1, 1985, may, upon the expiration of such lease, apply for a renewal or further lease as provided in this section. The commissioner shall grant any such lease to nonresidents upon the same terms and conditions as to residents of this state. Any lessee or holder of shellfish grounds, on the expiration of any lease thereof which has been or which may be granted, having fulfilled all of such lessee's or holder's obligations under the lease shall, upon application to the commissioner, have preference in the reletting of such ground for a like term to that granted in the original lease, excluding the rental fee, which shall not be less than the minimum fee per acre as provided in this subsection. A lease renewal shall not be granted if the applicant is in arrears for rent on the original lease of such grounds. Such application for such renewal or further lease shall be granted without notice or advertisement of the pendency thereof; provided no renewal or further lease of such ground shall be granted when the commissioner, for cause, ceases to lease such ground for shellfish culture. All assignments or transfers of leases shall be subject to the approval of the commissioner and shall be recorded in his records. Any person who interferes with, annoys or molests another in the enjoyment of any lease authorized by the provisions of this section shall be subject to the penalties provided in section 26-237. The provisions of sections 26-212, 26-215 and 26-232 shall not apply to any shellfish grounds leased pursuant to the provisions of this section.

      (b) Upon request of a lessee, the commissioner may divide or consolidate shellfish grounds leased by such lessee, if the commissioner determines such division or consolidation to be in the best interests of the state. The minimum fee per acre shall apply to shellfish grounds divided or consolidated pursuant to this subsection.

      (c) The Commissioner of Agriculture shall assess the owner of any facility that requires a certificate issued pursuant to section 16-50k or that requires approval by the Federal Energy Regulatory Commission and that crosses any grounds of Long Island Sound within the jurisdiction of the state, including, but not limited to, any shellfish area or leased, designated or granted grounds, an annual host payment fee of forty cents per linear foot for the length of such facility within the jurisdiction of the state. The Commissioner of Agriculture shall deposit seventy-five per cent of the proceeds of such fee into the expand and grow Connecticut agriculture account established pursuant to section 22-38c and shall transfer the remaining twenty-five per cent to the Commissioner of Environmental Protection for deposit into the Environmental Quality Fund established pursuant to section 22a-27g.

      (d) Notwithstanding the provisions of subsection (a) of this section, any owner of a utility line or public use structure that impacts a leased area shall pay to the lessee the costs of removing or relocating any shellfish. Nothing in this subsection shall be construed to prohibit the state or any lessee from recovering damages incurred by the state or the lessee caused by the installation, construction or presence of such utility line or public use structure.

      (e) The Commissioner of Agriculture may designate an agent within the department to exercise the authority of said commissioner under this section.

      (1949 Rev., S. 5027; 1971, P.A. 872, S. 333; 1972, P.A. 52, S. 3; P.A. 85-82; P.A. 86-46, S. 1, 2; May Sp. Sess. P.A. 92-6, S. 52, 117; P.A. 99-169, S. 6, 7; P.A. 03-263, S. 2; June 30 Sp. Sess. P.A. 03-6, S. 146(e), (g); P.A. 04-109, S. 17; 04-189, S. 1; 04-222, S. 6; 04-223, S. 4.)

      History: 1971 act replaced references to shellfish commission and commissioners with references to environmental protection commissioner; 1972 act replaced commissioner of environmental protection with commissioner of agriculture; P.A. 85-82 prohibited leasing to residents of states which do not lease to Connecticut residents; P.A. 86-46 added Subsec. (b) authorizing commissioner to designate an agent to act for him; May Sp. Sess. P.A. 92-6 established a minimum fee of $2 per acre for leasing of grounds; P.A. 99-169 authorized deletion of reference to Sec. 26-214 which was repealed by the act; P.A. 03-263 amended Subsec. (a) by adding provisions re lease or its renewal to require the lessee to make a good faith effort to cultivate and harvest shellfish and prohibit the lessee from entering any contract or agreement not to cultivate and harvest shellfish, added new Subsec. (b) requiring owner of a utility line or public use structure that impacts a leased area to pay the costs of removing or relocating any shellfish to the lessee, and redesignated existing Subsec. (b) as Subsec. (c), effective July 9, 2003; June 30 Sp. Sess. P.A. 03-6 replaced Commissioner and Department of Agriculture with Commissioner and Department of Agriculture and Consumer Protection, effective July 1, 2004; P.A. 04-109 amended Subsec. (b) to make a technical change, effective May 21, 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. 04-222 added new Subsec. (c) re assessment of annual host payment fee and deposit of proceeds of such fee, redesignated existing Subsec. (c) and made a technical change therein, effective July 1, 2004 (Revisor's note: In 2005, a reference to "Environment Quality Fund" in new Subsec. (c) was changed editorially by the Revisors to "Environmental Quality Fund" for accuracy); P.A. 04-223 amended Subsec. (a) to increase minimum lease fee from $2 to $4 per acre, change "oyster ground" to "shellfish grounds", require fulfillment of lessee's or holder's lease obligations prior to renewal of lease, and provide that renewal lease fee shall not be less than minimum fee per acre, added new Subsec. (b) re division or consolidation of leased shellfish grounds, and redesignated existing Subsecs. (b) and (c), effective June 1, 2004.

      Cited. 146 C. 619.