State Dept of Ag, losers in the legislative session, now changing the regulations for shellfishing

Laws that would have changed the way shellfish beds are leased and reduce the size of harvestable oysters to 2.5 inches, down from 3 inches, failed in the last days of the General Assembly. But the Department of Agriculture is going its own way on new regulations, which are angering some shellfishers, who have complained in recent weeks to the Blogster.

Agriculture Commissioner Steven K. Reviczky today officially announced the new policy.

Here is the news release:

 

“These updates are a part of our ongoing effort to grow the industry while maintaining a fair playing field for all,” Commissioner Reviczky said.  “We’ve seen tremendous growth in Connecticut agriculture overall in the last few years.  With this new shellfish modernization effort in place, we can give more of our hardworking, family-owned small businesses the chance to succeed and create jobs.  I want to thank the many people in the industry who have met with the department and shared their valuable input so we could get this right.”

 

Last week, Commissioner Reviczky notified elected officials, shellfish commissioners, and oyster harvesters in the state of the updates undertaken to achieve the following four goals:

  1. Modernize the state’s shellfish bed management through lease revision
  2. Reduce incidences of vibrio, a type of naturally occurring, warm-water bacteria that can cause wound infections from environmental exposure or gastrointestinal illness from consumption
  3. Maintain a competitive business environment for small businesses while protecting taxpayers’ investments
  4. Provide transparency in agency policy

 

The lease improvements include four common requirements of all lessees:

  1. Remain in good standing on lease payments and requirements
  2. Actively plant and cultivate shellfish, providing documentation of a good faith effort
  3. Take steps to mitigate the risk of vibrio
  4. Abide by existing laws, regulations, and remain in good standing with licenses and permits, etc.

 

Despite claims to the contrary, the department cannot cancel a lease “at will” without cause.  In addition, no one is being asked to “waive the right to their property.” If there is cause necessitating termination of a shellfish lease, the lessee would have 30 days to remove his or her property from the grounds, including any shellfish he or she has planted and cultivated on those grounds.

 

“There is a small subset of the industry resisting these necessary changes, but majority of the licensed oyster companies are not represented by this coalition,” Commissioner Reviczky noted.  “This lease modification is a component of ongoing larger shellfish modernization efforts critical to ensuring adequate public health, consumer protection, and responsible stewardship of Connecticut taxpayer resources.”

 

The leases had remained largely unchanged since 1915, when the state first began to lease to commercial fishermen the right to make a good faith effort to plant and cultivate shellfish on state-owned land in Long Island Sound.”