H.P. 464 - L.D. 592
An Act to Ensure that Fishways on Tidal Waters are Working
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 12 MRSA §6121, sub-§2, as repealed and replaced by PL 1983, c. 388, §1, is amended to read:
2. Examination of dams. The commissioner shall
periodically annually examine all dams and other artificial obstructions to fish passage within the coastal waters in order to determine whether fishways are necessary, sufficient or suitable for the passage of anadromous fish.
Sec. 2. 12 MRSA §6121, sub-§7, as repealed and replaced by PL 1983, c. 388, §1, is amended to read:
7. Privileged entry. The commissioner,
his the commissioner's agents or subcontractors shall be are privileged to enter upon any private land in order to periodically examine, at least annually, fishways in dams or other artificial obstructions and the examination of dams provided in subsection 2. The commissioner shall notify the landowner, lessee or other person in control of the dam when the examination will take place and the time required to complete the examination. The commissioner shall make every effort to preserve private land and shall restore surrounding lands to the grade and condition existing prior to entry, if economically feasible.
Effective September 21, 2001, unless otherwise indicated.
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