2012 Pennsylvania Consolidated Statutes
Title 30 - FISH
Chapter 35 - Dams, Bar Racks and Migration Devices
Section 3501 - Devices in dams to permit fish migration

                                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.