252.150. Corporation owning dam to provide for free movement of fish--maintenance of hatchery--penalty. - Missouri Statutes

Corporation owning dam to provide for free movement offish--maintenance of hatchery--penalty.

252.150. 1. It shall be the duty of any person owning,operating or using any dam existing or which may hereafter beconstructed across any river, stream or creek in this state, toerect or cause to be erected and maintained in connectiontherewith a durable and efficient fishway or such other device asthe commission may deem necessary to enable fish to have freepassage up and down said waters at all times. Such fishway ordevice shall be of a kind, and shall be placed, operated andmaintained in a manner, approved by the commission.

2. Whenever in the opinion of the commission the height orcharacter of the dam or the condition of the river or streammakes the installation of such ladders or devices thereonimpractical or unnecessary, it is authorized to require theestablishment and maintenance of a fish hatchery by such person,for the purpose of stocking the waters above and below such dam,the plans, adequacy and methods of operation of such hatchery tobe subject to the approval of the commission. The commission mayat any time take fish from said hatchery for distribution to thepublic waters of the state and such hatchery shall be operatedunder the supervision of the commission.

3. Any person who shall violate any of the provisions ofthis section or who shall refuse to establish and maintain suchhatchery in lieu of establishing a fishway, when required to doso by the commission, shall be deemed guilty of a misdemeanor andfined not less than one hundred dollars, nor more than threehundred dollars for each such violation.

4. In respect to corporations, the duties and liabilitiesimposed by this section shall devolve and be imposed upon thepresident, secretary or manager in this state or any general orlocal agent thereof.

(RSMo 1939 §§ 8938, 8939, A.L. 1945 p. 664 § 21)

Prior revisions: 1929 §§ 8279, 8283; 1919 §§ 5629, 5633; 1909 §§ 6552, 6556

CROSS REFERENCES:

Dam without chute a nuisance, RSMo 236.230

Judgment authorizing erection of dam to provide for free passage of fish, RSMo 236.180