3501 - Devices in dams to permit fish migration. - Pennsylvania Statutes

CHAPTER 35 DAMS, BAR RACKS AND MIGRATION DEVICES Sec. 3501. Devices in dams to permit fish migration. 3502. Operation and maintenance of devices. 3503. Closing of devices for repair or nonuse. 3504. Civil penalty for noncompliance. 3505. Erection of devices by commission. 3506. Drawing off or interference with dams or devices. 3507. Protection of fish near dams. 3508. Erection of bar racks to prevent entry of fish. 3509. Obstructing migration of fish. 3510. Marking of dams. Enactment. Chapter 35 was added October 16, 1980, P.L.996, No.175, effective in 90 days. § 3501. Devices in dams to permit fish migration. (a) Erection on order of commission.--Any person now or hereafter erecting or maintaining a dam in the waters of this Commonwealth shall, immediately on a written order from the commission, erect therein such chutes, slopes, fishways, gates or other devices as the commission may deem necessary to enable the fish to ascend and descend the waters at all seasons of the year. (b) Payments where devices not practicable.--In lieu of requiring the erection of chutes, slopes, fishways, gates or other devices at any dam where they are not deemed by the commission to be practicable or advisable for the ascending or descending of fish, the commission may enter into an agreement with the owner, lessee or operator of the dam, to pay to the commission, annually or at other stated periods, a sum of money which shall be not less than 2 1/2% per year upon the estimated cost of the erection of chutes, slopes, fishways, gates or other devices, plus the estimated cost of reasonable depreciation and maintenance of the same, except in cases where the sum of the interest, depreciation and maintenance so calculated would be equal to or exceed the sum of $25,000 per year, in which case the annual payment shall be $25,000 per year. (c) Use of moneys.--These moneys shall be expended by the commission for: (1) The stocking with fish of the waters of the stream dammed. (2) The propagating, rearing and distributing of fish placed in the waters and the acquisition of the necessary facilities therefor. (3) Carrying out such other fish managing practices in the waters as are deemed proper by the commission for the improvement of public fishing opportunities therein. (d) Receipt and appropriation of moneys.--Any money received by the commission under such an agreement shall be paid into the Fish Fund and is hereby specifically appropriated to be expended by the commission for the purposes specified in subsection (c). (e) Surveys and experimentations by commission.--When funds are available for those purposes, the commission shall conduct and encourage such surveys and experimentations as may be necessary and feasible in order to discover and develop such chutes, slopes, fishways, gates or other devices as may successfully pass migratory fish over the dams. Cross References. Section 3501 is referred to in sections 3502, 3504, 3505 of this title.